UMRA (Contents)

Unfunded Mandates Reform  Act of 1995

Section 4


Sec. 4. Exclusions.[1] 

 This Act shall not apply to any provision in a bill, joint resolution, amendment, motion, or conference report before Congress and any provision in a proposed or final Federal regulation that—

(1) enforces constitutional rights of individuals;

(2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability;

(3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government;

(4) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government;

(5) is necessary for the national security or the ratification or implementation of international treaty obligations;

(6) the President designates as emergency legislation and that the Congress so designates in statute; or

(7) relates to the old-age, survivors, and disability insurance program under title II of the Social Security Act (including taxes imposed by 3101(a),[2] and 3111(a)[3]  of the Internal Revenue Code of 1986 (relating to old-age, survivors, and disability insurance)).




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Counsel Notes

[1] This section is classified to the U.S. Code at 2 U.S.C. 1503.

[2]  See the U.S. Code at  26 U.S.C. 3101(a).

[3]  See the U.S. Code at 26 U.S.C. 3111(a).


The joint statement of managers of the committee of conference on the measure including this description:

Sec. 4. Exclusions

Section 4 of the Senate Bill, titled ‘‘Exclusions’’, sets out those provisions that are exempt from S. 1.

Section 4 of the House Amendment, titled ‘‘Limitation on Application’’, establishes a similar list of exempt provisions with two differences. For the exclusion applying to legislation that prohibits discrimination, the House uses ‘‘gender’’ rather than ‘‘sex’’ and does not include ‘‘color.’’ The House bill also includes an exclusion for any provision that pertains to Social Security.

The Conference Substitute adopts the Senate Bill’s language with a narrower exclusion for Social Security. The Substitute only excludes legislation that relates to Title II of the Social Security Act.

U.S. Congress, Unfunded Mandates Reform Act of 1995, Report to Accompany S. 1, House Government Reform Committee, H. Rept. 104-76, 104th Congress 1st sess., March 19, 1995, p. 27; (Washington, D.C.: Government Publishing  Office, 1995).


CRS – Unfunded Mandates Reform Act: History, Impact, and Issues (R40957) October 27, 2016

Legislative History Notes
Public Laws

Pub. L. 104–4, §4, Mar. 22, 1995, 109 Stat. 49 (Unfunded Mandates Reform Act of 1995)

References in Text

The reference to “this Act” in the text means Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48 , known as the Unfunded Mandates Reform Act of 1995. 

The “Social Security Act”, referred to in paragraph (7), is Pub. L. 74-271  (Social Security Act; Vol. 49, page 620) and was enacted Aug. 14, 1935, at  ch. 531, 49 Stat. 620. The reference is to that Act as amended. Title II of the Act is classified to the U.S. Code generally at subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. 

Reference to sections 3101(a) and 3111(a)  of the Internal Revenue Code of 1986 may be found at 26 U.S.C.3101(a) and 26 U.S.C. 3111(a).




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